A class action lawyer representing thousands of plaintiffs affected by the ’60s Scoop is calling on provincial governments across the country to settle outstanding lawsuits in the wake of a landmark decision by the federal government to pay hundreds of millions of dollars to an estimated 20,000 survivors.

“We have a settlement against the federal government but it has an impact on the provincial governments because if one defendant says, ‘We recognize the wrong,’ implicitly it says to the other defendant, ‘You also were in the wrong,’ ” Tony Merchant of Merchant Law Group LLP said hours after the $800-million settlement was officially unveiled.

The federal government on Friday confirmed reports that it will pay up to $750 million to survivors classified as as status Indians and Inuit, plus up to $50 million to start a new foundation dedicated to healing and reconciliation. The government made the announcement as a means of dealing with multiple class action lawsuits.

Merchant said he hopes the federal government’s decision will lead to further settlements from the provinces, especially for non-status Indians and Metis people not included in the national deal. He added that Merchant Law Group’s action in Saskatchewan has been delayed by the federal settlement and it is not yet clear what the outcome will be.

“We will hope to see an inclusive agreement that leaves no one behind,” FSIN Chief Bobby Cameron said in a statement on Friday. “We need an agreement that will provide strong support with mental health and reconciliation of families and Nations, we cannot stress enough that this should not leave anyone out.”

’60s Scoop survivor Lynn Thompson says she is still in shock after the federal government announced compensation totally $750 million as part of a broader settlement.Michelle Berg /
Saskatoon StarPhoenix

Lynn Thompson, who was “scooped” from Manitoba’s Pine Creek First Nation and endured more than 20 different foster homes, said the settlement came as a surprise after she and countless thousands of other members of Canada’s “stolen generation” spent years or decades walking down the “lonely road” toward recognition and compensation.

Thompson, who is only now starting to reconnect with her culture, said that while the settlement is welcome, it is important to note that the payouts are intended to help survivors address not only the emotional scars, but the physical ones as well. She added that it would be good to see continued acknowledgement of ’60s Scoop victims in the coming years and decades.

Federation of Sovereign Indigenous Nations chief Kim Jonathan praised it as an important step toward reconciliation while emphasizing that cash payments will not guarantee healing. A University of Regina professor and survivor said the settlement is too low and that it fails to address problems facing Indigenous children today.

Crown-Indigenous Relations Minister Carolyn Bennett held back tears as she announced the agreement in principle and went on to describe the ’60s Scoop as a dark and painful chapter in Canada’s history. The Scoop resulted in thousands of Indigenous children being robbed of their culture after they were seized by government agencies and placed with non-Indigenous families.

Merchant, whose firm is embroiled in a lengthy court battle over legal fees related to the Indian Residential Schools Settlement Agreement, said he also hopes Saskatchewan Premier Brad Wall will make good on his two-year-old promise to apologize for the province’s role in the ’60s Scoop before he retires next year.

Wall told reporters in August that the government was “ready to do this next week,” but deferred to the FSIN and the Metis Nation–Saskatchewan to decide where it will take place.

“We will do it wherever and whenever … If it’s between now and January that they want to do it, we will earnestly provide this opportunity for reconciliation.”

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